Terms and Conditions
General terms of delivery and payment for business purchasers of Häusser Europe OHG
The general terms of delivery and payment (GTDP) hereinafter apply to all current and future deliveries, services and other legal transactions by Häusser Europe OHG. Our GTDP apply exclusively; we do not acknowledge any conflicting or differing terms or conditions stipulated by our purchaser unless we have explicitly confirmed the validity of the same in writing. Our Terms and Conditions of Delivery and Payment shall also apply exclusively in cases where the order placed is contrary to our Terms and Conditions, even if we do not raise any objection. Deviations shall therefore only apply if we have recognized them expressly in writing. We are entitled to surrender the claims from our business relations. The contractual relationship is solely subject to German law, particularly the German Civil Code (BGB) and the Commercial Code (HGB).
2. Delivery Time
In collection or series products, in order to meet the fulfillment of the purchase and sales contract, goods of the same category and quality will be supplied. Minor deviations from the agreed quality in structure and color are reserved provided that these deviations are inherent in the nature of the materials used and are customary. Information and technical data such as dimensions, weights, illustrations, descriptions, drawings, sketches, artwork, brochures, are only determined approximately and are non-binding. We are entitled to part delivery at any time. We are obliged to observe the agreed delivery period. In the event of the agreed delivery deadline being exceeded by more than four weeks, the purchaser has the right to set a grace period of at least four weeks. After unsuccessful expiration of this term, the purchaser is authorized to withdraw from the contract of sale, by a written declaration. The above mentioned terms are cancelled only with explicit written arrangement. In the event of force majeure in the form of strikes, lockouts or other unforeseeable and extraordinary circumstances or other circumstances beyond our control – e.g. difficulties in the procurement of materials, failure by sub-suppliers to meet delivery dates – which prevent us from fulfilling our obligations on time, entitles us to withdraw from the contract without damage compensation of purchaser claims.
If the net value of the ordered goods equals or exceeds € 300.00, the delivery (to the address of the purchaser), including packaging, will be free of charge within Germany. Orders under € 300.00 will be charged packing costs of € 5.25 per package.
Objections due to incomplete or false delivery or recognizable defects have to be put forward to us immediately in writing at the latest 8 days after reception; otherwise the delivery is regarded as accepted without objection. Redemption of delivered goods is excluded, provided that the order does not concern wrong delivered goods or not ordered products.
5. Retention of title
The goods delivered will remain our property until the purchaser has paid all claims which we have against him now and in the future. The purchaser shall retain the goods with the care and diligence of a prudent businessman and bears the risk of accidental loss. The purchaser is not entitled to pledge not fully paid items to third parties or to assign them as security. In the event of intervention by third parties, the purchaser shall be required to provide immediate notification to us in writing within three days of the pledged items. We are entitled to assert our rights arising from retention of title, especially the withdrawal of goods supplied with retention of title, without a previous repudiation of the particular purchase contract.
6. Cancellation of contracts and placed orders
If after the agreement has been concluded, we become aware of circumstances that make granting credit appear to be not without risk, we are entitled to demand security or full advance payment of the purchase price or to withdraw from the agreement. If the application for opening of insolvency proceedings, the submission of the affidavit or a deterioration of the financial situation has become known to us, we are entitled to terminate the delivery of goods immediately. We are not obliged to accept a cancellation by the purchaser from the contract. If we agree to the resignation, we can claim compensation.
7. Terms of payment
For orders, the price-list applicable on the day when the order is placed shall apply. Without explicit approval by us, our employees are not entitled to the collection. Basically invoices are due within 10 days from date of invoice under deduction of 3% discount payment or after 30 days from invoice date without deduction to the payment. After expiry of the term of payment we are entitled to charge the costs of the dunning procedure and default interest. If the payment deadline is exceeded, we reserve the right to charge default interest of 5 % above the respective discount rate of the German Central Bank, but at least 8 %. Partial deliveries already affected, entitle Häusser Europe OHG to invoice the purchase price payable according to the current price list for the goods of which delivery was taken. Bills of exchange and cheques will only be accepted as means of payment and count as payment only when they have been cleared. Bills of exchange can be used as payment only with our consent. If installment payment has been agreed on and the buyer falls behind with an installment for longer than 10 days, the agreed price will be due for immediate payment. The retention of payments or offsetting with disputed counter-claims on part of the purchaser is excluded. Prior to full payment of the entire balance of the receivable account, we are obliged to any further delivery. If the purchaser is in arrears with us with regard to any payment obligations, all existing debts immediately become due.
8. Place of fulfillment and jurisdiction
Place of fulfillment and jurisdiction is the seat of the company or Frankfurt am Main, at our own option. Should individual provisions of these terms of delivery and payment be or become partially or wholly invalid, the validity of the remaining provisions remains hereby unaffected. In such a case the parties are required to reach an agreement in place of the non-performing provision, which shall as far as possible correspond with the lapsed provision, which most closely comes to the economic intention of the parties to the contract and after the Commercial Code (HGB) is valid.